Many students sublet their apartments for the summer, and Taylor Pagel, senior in ACES, is no exception. Pagel listed her two-bedroom apartment on Third and John streets in the Sublet Showcase of the Daily Illini.

“I am subletting my apartment because I am graduating in May,” Pagel said. “I subletted last year, and it was fine.”

The big rush for subleasing begins right after Spring Break and continues through mid-May, when rents often become discounted due to an oversupply of apartments.

Thomas Betz, director of Student Legal Services, said he tells students to get a security deposit from the subtenant in case the person damages the property. However, for a three-month subtenancy, subtenants usually do not expect to pay a security deposit.

“Make sure that the landlord is granting the permission (otherwise) . (the subtenant) in fact becomes a trespasser,” Betz said.

Betz said students usually sublease their apartments during the summer because they are leaving campus for the summer or graduating. During the school year, students often sublease when they study abroad or have roommate problems.

“I think (original tenants) have to be careful about screening who they sublet to and get money upfront, and if at all possible, you need to get it all in writing . those are the basics,” Betz said. “We get more complaints in the housing field about subletting issues than we do any other issue.”

Betz said he tells students to conduct a walk-through with a check-in sheet listing both the conditions when moving in and moving out, so they can avoid problems. In addition, before subtenants sign the lease, they should find out move-in and move-out dates and decide who is paying for the utilities.

Esther Patt, director of the Tenant Union, said subtenants should avoid paying a full deposit to the original tenant. Frequently, after signing a sublease in April, the subtenant will pay the original tenant an $800 deposit, meaning the original tenant just got a full refund on their deposit, Patt said.

“In most cases, a student should not do that because it sets up the subtenant to take all the loss,” Patt said. “If the lease has any provisions for deductions to be made from the deposit, like carpet cleaning charge, those will come out of the deposit.”

Patt said it is becoming more common for subtenants to pay a security deposit to the tenant they are renting from and expect to get back the original deposit the tenant gave to the landlord. However, if the original tenant owes the landlord money, that money is taken out of the original tenant’s deposit, which the new subtenant was expecting to receive at the end of the leasing period. This means the subtenant can get deducted for damages not attributed to him or her.

Both Betz and Patt recommend that students bring in the apartment’s lease to either Student Legal Services or Tenant Union prior to signing them to avoid encountering any subleasing problems.

Tips for Original Tenant

• Always sign a written sublease agreement with subtenants & the landlord.
• Original tenant should require subtenants to pay a damage deposit.
• If possible, come back & take pictures at end of the sublease period to prove it is clean and not damaged.
• Original tenant remains liable if subtenant does not pay rent or does damage to apartment.
• Know the financial history of your subtenants.
• Conduct a joint inspection with subtenants at beginning and end of sublease period if possible.

  Tips for Subtenant

• Always sign a written sublease agreement with original tenant & the landlord. The sublease agreement should state: how much money you owe, start and end dates, amount of deposit and who it’s going to and other terms of contract that are different from the original lease.
• Bring the sublease contract to the Tenant Union and they will look at it with you.
• Do a joint inspection with original tenant at beginning and end of the sublease period. If original tenant is not around, subtenant should still do an inspection, get it notarized and give a copy to the landlord (keep original copy).
• Pay rent directly to the landlord.
• Take pictures when you move in and when you move out to prove the condition of the apartment.
• Make sure you get a copy of the original lease, read it and understand the terms of it before you sign the sublease.

Sources: Tenant Union and

Student Legal Services